[Federal Register Volume 72, Number 75 (Thursday, April 19, 2007)]
[Proposed Rules]
[Pages 19675-19678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7416]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-07-012]
RIN 1625-AA00


Safety Zone; Great Lakes Naval Training Center Harbor, North 
Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
around Great Lakes Naval Training Center Harbor. This zone is intended 
to control the movement of vessels on portions of Lake Michigan and 
Great Lakes Naval Training Center Harbor during the Spill of National 
Significance (SONS) exercise on June 19 and 20, 2007. This zone is 
necessary to protect the public from the hazards associated with ships 
and boats deploying oil containment equipment.

DATES: Comments and related material must reach the Coast Guard on or 
before May 4, 2007.

ADDRESSES: You may mail comments and related material to Commander, 
Coast Guard Sector Lake Michigan (spw), 2420 South Lincoln Memorial 
Drive, Milwaukee, WI 53207. The Sector Lake Michigan Prevention 
Department maintains the public docket for this rulemaking. Comments 
and material received from the public, as well as documents indicated 
in this preamble as being available in the docket, will become part of 
this docket and will be available for inspection or copying at the 
Sector Lake Michigan Prevention Department between 8 a.m. and 3 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: CWO Brad Hinken, Prevention 
Department, Coast Guard Sector Lake Michigan, Milwaukee, WI at (414) 
747-7154.

SUPPLEMENTARY INFORMATION: 

Request for Comments

    We encourage you to participate in this rulemaking by submitting

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comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking [CGD09-07-
012], indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the Sector Lake Michigan Prevention 
Department at the address under ADDRESSES explaining why one would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Regulatory Information

    The comment period for this rule is only 15 days because the 
request for the safety zone was not received in time to allow for a 
longer period. Delaying this rule would be contrary to the public 
interest of ensuring the safety of vessels during this event and 
immediate action is necessary to prevent possible loss of life or 
property.

Background and Purpose

    This temporary safety zone is necessary to ensure the safety of 
vessels and people from hazards associated with numerous vessels 
deploying oil containment booms and conducting diving operations. Based 
on experiences in other Captain of the Port zones, the Captain of the 
Port Lake Michigan has determined numerous vessels engaged in the 
deployment of oil containment booms in close proximity to watercraft 
pose significant risk to public safety and property. The likely 
combination of large numbers of recreation vessels and congested 
waterways could result in serious injuries or fatalities. Establishing 
a safety zone to control vessel movement around the location of the 
SONS exercise will help ensure the safety of persons and property at 
these events and help minimize the associated risks.

Discussion of Proposed Rule

    A temporary safety zone is necessary to ensure the safety of 
vessels during the deployment and recovery of oil containment booms in 
conjunction with the SONS exercise. The safety zone will be enforced 
between 8 a.m. and 6 p.m. local time, each day, on June 19 and 20, 
2007.
    The safety zone for the SONS exercise will encompass all waters of 
Lake Michigan and Great Lakes Naval Training Center Harbor from the 
shoreline to 2,200 yards east, 1,900 yards north, and 2,900 yards south 
of Great Lakes Light 2 (Lightlist number 20285) and bounded by a line 
with of point origin at 42[deg]20'12'' N, 087[deg]48' W; then west to 
42[deg]20'12'' N, 087[deg]50' W; then south to 42[deg]17' N, 
087[deg]50' W; then east to 42[deg]17' N, 087[deg]48' W; then north to 
the point of origin (NAD 83).
    All persons and vessels shall comply with the instructions of the 
Coast Guard Captain of the Port or the designated on-scene 
representative. Entry into, transiting, or anchoring within the safety 
zone is prohibited unless authorized by the Captain of the Port Lake 
Michigan or his designated on-scene representative. The Captain of the 
Port or his designated on-scene representative may be contacted via VHF 
Channel 16.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it under that Order.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary.
    The Coast Guard will only enforce this safety zone for 10 hours a 
day on the two days specified. This safety zone has been designed to 
allow vessels to transit unrestricted to portions of the harbor not 
affected by the zone. The Captain of the Port will allow vessels to 
enter and depart Great Lakes Naval Training Center Harbor. The Coast 
Guard expects insignificant adverse impact to mariners from the 
activation of this zone.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    This proposed rule would affect the following entities, some of 
which might be small entities: The owners of vessels intending to 
transit or anchor in a portion of Great Lakes Naval Training Center 
Harbor between 8 a.m. and 6 p.m., local time, on June 19, 2007 and June 
20, 2007. The safety zone would not have a significant economic impact 
on a substantial number of small entities for the following reasons. 
This rule would be in effect for only 20 hours. Vessel traffic can 
safely pass around the safety zone and enter and depart Great Lakes 
Naval Training Center Harbor upon request.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact CWO Brad Hinken, Prevention 
Department, Coast Guard Sector Lake Michigan, Milwaukee, WI at (414) 
747-7154. The Coast Guard will not retaliate against small entities 
that question or complain about this rule or any policy or action of 
the Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and

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have determined that it does not have implications for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    The Coast Guard recognizes the treaty rights of Native American 
Tribes. Moreover, the Coast Guard is committed to working with Tribal 
Governments to implement local policies and to mitigate tribal 
concerns. We have determined that these special local regulations and 
fishing rights protection need not be incompatible. We have also 
determined that this proposed rule does not have tribal implications 
under Executive Order 13175, Consultation and Coordination with Indian 
Tribal Governments, because it does not have a substantial direct 
effect on one or more Indian tribes, on the relationship between the 
Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes. 
Nevertheless, Indian Tribes that have questions concerning the 
provisions of this proposed rule or options for compliance are 
encourage to contact the point of contact listed under FOR FURTHER 
INFORMATION CONTACT.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD and Department of Homeland Security Management Directive 
5100.1, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that there are no factors in this 
case that would limit the use of a categorical exclusion under section 
2.B.2 of the Instruction. Therefore, we believe that this rule should 
be categorically excluded, under figure 2-1, paragraph (34)(g) of the 
Instruction, from further environmental documentation because this 
proposed rule establishes a safety zone.
    A preliminary ``Environmental Analysis Check List'' is available in 
the docket where indicated under ADDRESSES. Comments on this section 
will be considered before we make the final decision on whether this 
rule should be categorically excluded from further environmental 
review.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

    2. Add Sec.  165.T09-012 to read as follows:


Sec.  165.T09-012  Safety Zone; Great Lakes Naval Training Center 
Harbor, North Chicago, IL.

    (a) Location. The following area is a temporary safety zone: All 
waters of Lake Michigan and Great Lakes Naval Training Center Harbor, 
from surface to bottom, from the shoreline to 2,200 yards east, 1,900 
yards north, and 2,900 yards south of Great Lakes Light 2 (Lightlist 
number 20285) and bounded by a line with of point origin at 
42[deg]20'12'' N, 087[deg]48' W; then west to 42[deg]20'12'' N, 
087[deg]50' W; then south to 42[deg]17' N, 087[deg]50' W; then east to 
42[deg]17' N, 087[deg]48' W; then north to the point of origin (NAD 
83).
    (b) Effective period. This regulation is effective from 8 a.m. 
(local) on June 19, 2007 to 6 p.m. (local) on June 20, 2007. This 
regulation will be enforced from 8 a.m. (local) to 6 p.m. (local) on 
June 19, 2007 and from 8 a.m. (local) to 6 p.m. (local) on June 20, 
2007.
    (c) Regulations. (1) In accordance with the general regulations in 
section 165.23 of this part, entry into, transiting, or anchoring 
within this safety zone is prohibited unless authorized by the Captain 
of the Port Lake Michigan, or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Lake Michigan or his designated 
on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port is 
any Coast

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Guard commissioned, warrant or petty officer who has been designated by 
the Captain of the Port to act on his behalf. The on-scene 
representative of the Captain of the Port will be aboard either a Coast 
Guard or Coast Guard Auxiliary vessel. The Captain of the Port or his 
designated on-scene representative may be contacted via VHF Channel 16.
    (4) Vessel operators desiring to enter or operate within the safety 
zone must contact the Captain of the Port Lake Michigan or his on-scene 
representative to obtain permission to do so. Vessel operators given 
permission to enter or operate in the safety zone must comply with all 
directions given to them by the Captain of the Port Lake Michigan or 
his on-scene representative.

    Dated: April 3, 2007.
Bruce C. Jones,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. E7-7416 Filed 4-18-07; 8:45 am]
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